Consider the Evidence and Your History to Plan Your Fresno DUI Defense

If you're being tried in court for a DUI, you'll need to have a strategy. Working closely with your criminal defense lawyer can help you to come up with one. Your lawyer will be able to tell you what all your choices are and whether you should plead guilty or not guilty. Even if you do plead guilty, it may be possible for you to get a reduced sentence. Or it may be possible for you to make a deal with the prosecutor's office. There are many options open to you as the defendant. Here are some things to consider:

What's the Evidence Against You?

The first thing you and your lawyer should think about is how much evidence there is against you and how much of this evidence is admissible in court.

·  If you were given a breathalyzer test, was the device working properly?  Did they check it every 10 days as required by the California Code of Regulations?  Was it running within a .01% accuracy range during the lab accuracy checks as required by the regulations?  If not, then the test may not have been accurate, and the test is the foundation of the prosecutions case.

·  Did the officer give you a choice of chemical tests?  The officer has to offer you a choice of doing a breath or blood test (Vehicle Code section 23612).  Not following the law may result in your test being tossed by the DMV.

·  Did the officer have probable cause for the arrest or the detention?  The officer can’t just pull you over or detain you because he doesn’t like the way your car looks or you seem suspicious, he must have a legally valid reason, if not the case may be thrown out by the DMV and the court.

So be sure to share all these things with your defense attorney.

Is This Your First Offense?

Another thing that has to be considered when coming up with a defense strategy is your background.

·  Are you a productive member of society?

 ·  Do you have a stable job?

     ·  Are you a veteran?  If so you may be able to participate in the veterans diversion option and have the case dismissed.  We have handled and are currently handling many DUI cases for veterans.  If you have a PTSD or substance abuse issue connected to your military service, you may be able to get your case completely dismissed.  The process is complex and we can bring our experience to the table in helping you navigate it.  Frankly, without an attorney the veterans diversion option is a pain in the you know what.  Court review hearings can last for up to two years.  We can, often, appear in court without you having to attend making the experience much less painful.

 ·  Do you have a mental disorder?  If so there may be an option for mental health diversion as well under Penal Code section 1001.36.  Recent changes in the law have opened up a pathway for those with mental health disorders to participate in diversion.  If you have a DUI and it was caused by your mental health disorder, this may be an option as well that could lead to the case being dismissed.

  ·  Have you been in trouble with the law before? Your prior criminal record will be considered by the court and the DA in how your case is resolved or settled.

If this DUI is more of an aberration for you and not a matter of habit, then you stand a better chance of getting off with a light sentence. So think about all the things which are in your favor and be sure to share those with your attorney.

Contact us for more great tips for planning out your DUI defense.